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Is Premises Liability The Same As Negligence?

If you were injured on somebody else’s property, you may be considering filing a lawsuit to recover compensation for your damages. A Massachusetts personal injury lawyer can help you determine what kind of claim to file for your accident.

Whether you file a premises liability or negligence claim, the first step in pursuing compensation after your accident is to contact a Massachusetts personal injury attorney. To schedule a free consultation with an experienced premises liability lawyer, Better Phone Stone®

Call us at 800-577-5188 or start a live chat on our website and reach us anytime, 24/7. You’ll hear from us within 24 hours or lunch is on Jason!

The Difference Between Premises Liability and Negligence

Two of the most common types of claims made in personal injury cases are premises liability claims and negligence claims. The two types of claims are similar but not the same. This article will discuss the difference between the two.


The majority of personal injury cases are based on negligence. In order for a negligence claim to be successful, the following four elements must be established:

  • Duty of care: We all have a legal duty to act reasonably and avoid harming others. When a person fails to meet this duty, he or she may be held responsible for the harm caused. Some people, such as business owners and doctors, are held to a higher duty of care.
  • Breach of duty: Next, it must be shown that the person (in the case of premises liability, the property owner) breached his or her duty of care by failing to take reasonable care to prevent an accident. Your experienced attorney can demonstrate that a reasonable person would have known that his or her actions or inactions could hurt someone else.
  • Causation: The next step is to show that the breach of duty caused you harm. This could involve presenting copies of medical records and bills you have accrued since the incident.
  • Damages: Lastly, your attorney will need to provide evidence of the damages you have sustained as a direct result of the accident. These may include medical expenses, lost wages, property damage, pain and suffering, and more.

Premises liability

Premises liability claims are negligence claims. However, the difference is that they arise from unsafe property conditions rather than negligent behavior. Property owners in Massachusetts have an obligation to keep their property maintained and free from hazards. If they fail to do so and someone is injured, there may be solid grounds for a premises liability claim.

As with all personal injury cases involving negligence, your attorney will need to show evidence of duty of care, breach of duty, causation, and damages. However, with premises liability cases, the level of care a property owner owes someone depends on what category the visitor falls under.

The following is an explanation of the three types of visitors:

  • Invitee: This type of visitor is usually on the premises for business purposes. For example, someone owns a store and a person is there shopping during regular business hours.
  • Licensee: Generally, a licensee is a person who is invited to a property for social purposes. For example, a guest may be invited to a friend’s house for a dinner party.
  • Trespasser: In this situation, a person is on somebody else’s property without implied or direct permission. He or she may not be able to get compensation when harmed as a trespasser.

Common Types of Premises Liability Claims

There are many types of liability issues that can arise on someone’s property. At Jason Stone Injury Lawyers, we have successfully handled a wide variety of premises liability cases.

Common examples of premises liability claims include:

Property Hazards That Cause Premises Liability Accidents

Many premises liability accidents occur due to poor property maintenance. Home, business, and landowners need to be careful to inspect, identify, and remedy any dangerous conditions on their properties.

Examples of maintenance issues that can result in premises liability accidents include:

  • Loose or missing handrails
  • Icy stairs or sidewalks
  • Broken or burnt-out lights
  • Faulty elevators or escalators
  • Frayed leashes or broken kennels
  • Exposed wires
  • Fallen merchandise that was improperly stored
  • Torn carpet or loose rugs
  • Unmarked steps
  • Overgrown vegetation
  • Missing or faded signs

Why Hire a Lawyer After a Personal Injury Accident

If you have been injured in an accident involving premises liability or some other form of negligence, you may be wondering how to obtain compensation for your medical bills and other losses. A Massachusetts personal injury lawyer can explain your legal rights and help you determine whether you have a valid claim for compensation.

At Jason Stone Injury Lawyers, our sole focus is on personal injury law. We know what is needed to build a solid personal injury case on your behalf.

After taking on your claim, our personal injury attorneys will:

  • Offer support: Our compassionate lawyers will manage the details of your casing, allowing you to focus on your recovery. Our law firm has the resources and experience needed to support you and get you the legal results you need.
  • Investigate your accident: Your attorney will thoroughly investigate your accident and gather the evidence needed to prove your case. This may involve visiting the accident scene, speaking to eyewitnesses, looking at video surveillance footage, analyzing police reports, and more.
  • Negotiate with the insurance company: Your personal injury lawyer will handle all negotiations with the insurance company and another party. At Jason Stone Injury Lawyers, we are skilled negotiators and do not back down until our clients are offered a settlement that is both fair and enough.
  • Prepare for court: While the majority of premises and negligence claims are handled through negotiations, our lawyers are prepared to take your case to court if needed. We are skilled litigators and can guide you through each step of the legal process.

Compensation Available to Victims of Negligence

If you have been injured in a premises liability accident or as a result of another form of negligence, you may be entitled to recover various types of damages for your losses.

Depending on the circumstances of the accident and the extent of your injuries, you may be entitled to compensation for:

  • Medical expenses
  • Lost income
  • Property damage
  • Disability
  • Pain and suffering
  • Loss of enjoyment
  • Wrongful death

Schedule a Free Consultation With a Massachusetts Personal Injury Lawyer Today

Your first step to successfully recovering compensation after an accident involving premises liability or another form of negligence is to contact a personal injury law firm. Jason Stone Injury Lawyers offers free consultations to get you started.

During your free case review, we will sit down with you as you share the details of the accident and the impact it has had on your life. We can then consider the evidence and help you determine whether you have a valid claim to compensation.

Our law firm values our clients, and our commitment to customer satisfaction is summed up in our Stone Cold Guarantee®. We do not charge any upfront costs or fees. Our law firm only gets paid if you get paid.

Call us 24/7 or fill out the online form to schedule a free case consultation at a time and location convenient to you. There’s No Obligation, Just Information®, guaranteed